court of appeal for ontario - academicfreedom.ca

Statute or Rule Governing Place of Commencement, Trial or Hearing
13.1.01 (1) If a statute or rule requires a proceeding to be commenced, brought, tried or
heard in a particular county, the proceeding shall be commenced at a court office in that
county and the county shall be named in the originating process. O. Reg. 14/04, s. 10.
Choice of Place
(2) If subrule (1) does not apply, the proceeding may be commenced at any court office
in any county named in the originating process. O. Reg. 14/04, s. 10.
TRANSFER
Motion to Transfer to Another County
13.1.02 (1) If subrule 13.1.01 (1) applies to a proceeding but a plaintiff or applicant
commences it in another place, the court may, on its own initiative or on any party’s
motion, order that the proceeding be transferred to the county where it should have been
commenced. O. Reg. 14/04, s. 10.
(2) If subrule (1) does not apply, the court may, on any party’s motion, make an order to
transfer the proceeding to a county other than the one where it was commenced, if the
court is satisfied,
(a) that it is likely that a fair hearing cannot be held in the county where the proceeding
was commenced; or
(b) that a transfer is desirable in the interest of justice, having regard to,
(i) where a substantial part of the events or omissions that gave rise to the claim
occurred,
(ii) where a substantial part of the damages were sustained,
(iii) where the subject-matter of the proceeding is or was located,
(iv) any local community’s interest in the subject-matter of the proceeding,
(v) the convenience of the parties, the witnesses and the court,
(vi) whether there are counterclaims, crossclaims, or third or subsequent party
claims,
(vii) any advantages or disadvantages of a particular place with respect to
securing the just, most expeditious and least expensive determination of the
proceeding on its merits,
(viii) whether judges and court facilities are available at the other county, and
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